Press Release

An opinion issued by an understaffed federal court which outlawed
children reciting the Pledge of Allegiance as an unconstitutional
promotion of religion has outraged the membership of the African-American
leadership network Project 21.

A panel of judges on the 9th Circuit Court of Appeals voted
two-to-one that the Pledge's description of the United States
as "one Nation, under God" violates the First Amendment's
prohibition of the establishment of a state religion. Judge Alfred
T. Goodwin, a semi-retired judge serving on the case due to judicial
vacancies, wrote the opinion. He was joined by Judge Stephen Reinhardt.

"I guess Judge Goodwin was endowed by his creator with
the inalienable right to misinterpret separation of church and
state," said Project 21 member Council Nedd. "The Founding
Fathers were concerned about separation of church and state not
because they opposed the mention or acknowledging of God, but
because they did not want a state-imposed religion like the Church
of England."

If this opinion is not challenged, it will be illegal for schoolchildren
in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada,
Oregon and Washington to recite the Pledge. The full 9th Circuit
could be asked to review the ruling, or the U.S. Supreme Court
could hear an appeal as early as this fall. The 9th Circuit ruling
already conflicts with an earlier ruling by the 7th Circuit upholding
the constitutionality of the Pledge.

Over the past six years, the U.S. Supreme Court has overruled
decisions by the 9th Circuit judges almost 90 percent of the time.
Judge Reinhardt alone was reversed by the Supreme Court 11 times
during the 1996-7 term.

A main reason why Goodwin, despite his semi-retired "senior
status," was on the case was due to the fact that the court
has five judicial vacancies. President George W. Bush has made
three nominations to the court, but the liberal-controlled Senate
is stalling on dozens of the President's nominees - many of whom
were nominated more than a year ago.

"When the 9th Circuit's ruling was announced, every senator
in Washington rushed to vote in support of the Pledge of Allegiance.
But many of these same senators are deceitfully engaging in partisan
tactics that are keeping good judges from being confirmed to our
courts," said Project 21 Director David Almasi. "Congressman
Chris Cox was considered to this very court, but opposition from
Senators Diane Feinstein and Barbara Boxer - who objected to Congressman
Cox because he is devoutly religious - made him remove his name
from consideration. Had these two senators not been so short-sighted
and partisan, a foolish decision like the one that came down on
the Pledge might never have happened."